IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.45591/2019 (EDN – RES) BETWEEN:
RASHMI R.S., D/O RAMESH A.B., AGED ABOUT 22 YEARS D.NO.5415/20, VINAYAKA BADAVANE, BAPUJI VIDYA NAGAR, BEHIND AGRICULTURE RESEARCH CENTRE, DAVANAGERE-577 005. ... PETITIONER [BY SRI AJOY KUMAR PATIL, ADV.] AND:
1 . UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES, KRUSHI COLLEGE, NAVILE, SAVALANGA ROAD, SHIVAMOGGA-577 204 REP BY ITS REGISTRAR.
2 . UNIVERSITY OF AGRICULTURAL SCIENCES UAS CAMPUS, LINGSUGAR ROAD, RAICHUR-584 104 REP BY ITS REGISTRAR 3 . UNIVERSITY OF AGRICULTURAL SCIENCES KRISHI NAGAR, DHARWAD-580 005 REP BY ITS REGISTRAR. …RESPONDENTS [BY SRI NISHANTH A.V., ADV. FOR R-1; SRI K.G.NAYAK, ADV. FOR R-2; SRI S.RAJESH, ADV. FOR R-3.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER THE CASE OF THE PETITIONER UNDER NCC CATEGORY FOR ADMISSION TO THE PG COURSE OF M.SC. (AGRI) IN SOIL SCIENCE AND AGRICULTURAL CHEMISTRY AS PER HER MERIT AND RANKING UNDER NCC CATEGORY AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a direction to respondent No.1 to consider her case under NCC category for admission to the P.G. Course of M.Sc. (Agriculture) in Soil Science and Agricultural Chemistry as per her merit and ranking under NCC category.
2. The petitioner claims to be an eligible and qualified student for admission to the Post Graduate (PG) M.Sc. (Agriculture) Course in Soil Science and Agricultural Chemistry and has claimed admission under Special Category for NCC by uploading all the Special Category NCC Certificates. It is the grievance of the petitioner that the candidature of the petitioner was not at all considered under NCC category by respondent No.1 – University.
3. It is contended that the petitioner has completed her under graduation course from the University of Agricultural Sciences (Raichur). NCC course was not part of the curriculum in the University of Agricultural Sciences, Raichur, the petitioner used to travel on every weekend to Davanagere from Kalaburagi where she was studying B.Sc. (Agri) in College of Agriculture, Kalaburagi and attended Parades/Classes on every Sunday and completed her NCC ‘C’ Certificate Examination from Davanagere which is her home town. The petitioner has 100% attendance in the NCC ‘C’ Certificate Examination and has passed the same with ‘B’ Grade and also has participated in good number of Camps and Republic Day Parades.
4. It is the grievance of the petitioner that despite possessing NCC Certificate, the same has not been considered by respondent No.1 for admission under the Special Category, NCC reserved quota for the PG Course of M.Sc. (Agriculture) in Soil Science and Agricultural Chemistry.
5. Learned counsel for the petitioner reiterating the grounds urged in the writ petition as aforesaid would submit that the NCC Certificates are issued by the Ministry of Defence, Government of India which is uniformly issued across the country where such NCC curriculum activities are made available to the students. The Bulletin released by respondent No.1 - University inasmuch as prescribing the eligibility for admissions for the Degree Programme specifies the mode of admission under the Special Category wherein seats for NCC quota is reserved in University of Agricultural Science, Dharwad and University of Agricultural Science, Raichur. Indisputably, the University of Agricultural Science, Raichur had no NCC curriculum.
As such, the petitioner had taken the interest and pain to travel to Davanagere her hometown on every Sunday in order to secure the NCC Certificate. Such Certificate issued by the competent authority has to be considered in view of the petitioner acquiring her B.Sc. (Agriculture) Degree from the University of Agricultural Science, Raichur. On technical grounds, the petitioner cannot be made to suffer despite qualified for availing the M.Sc. Agricultural Science seat under the NCC category.
6. Learned counsel for respondent No.1 – University would submit that the Bulletin of respondent No.1 - University explicitly makes it clear that allotment of seats under the NCC quota for having participated during the UG Degree program shall be a course in the respective University. The petitioner having not obtained the NCC Course Certificate from the University of Agricultural Science, Raichur, is ineligible to claim the Masters Degree PG. Course seat under the NCC category. On the query made to the learned counsel as regards the seats allotted to the students under the NCC quota in the University of Agricultural Science, Raichur, it has been fairly submitted that the students who were qualified under the NCC quota from the University of Dharwad have been allotted seats.
7. I have carefully considered the rival submissions of the learned counsel for the parties and perused the material on record.
8. In the counter filed by respondent No.1 – University, it is stated that special category reserved under the NCC is available at University of Agricultural Sciences, Dharwad (2 seats) and University of Agricultural Science, Raichur (2 seats). In the University of Agricultural Science, Raichur, under the special category (NCC), one seat is reserved for Hyderabad-Karnataka cadre and another seat is unreserved general seat. It is ex-facie apparent and not in dispute that no NCC course is available in the University of Agricultural Science, Raichur. If so, reserving two seats for NCC quota in the University of Agricultural Science, Raichur would become an empty formality if the NCC Certificate is insisted from the same University.
9. Clause IX (4) of the Mode of Admission under the Special Category seats for NCC quota and Clause V(b) of the Bulletin issued by the respondent No.1 – University, specifying that NCC should be a course in the respective University goes inconsistent with each other. If the intention was to reserve two seats for University of Agricultural Science, Raichur from NCC quota and further making it a condition precedent that the NCC should be a course in the respective University not being in conformity with the former clause of reservation requires to be read over in terms of the reservation made in Clause IX(4). It is significant to note that NCC Certificate is issued by the Ministry of Defence, Government of India, not by any respective University where the students are pursuing their studies. Insisting for NCC course in the respective University is not in consonance with the certificate issued by the Ministry of Defence and the reservation made in clause IX(4) of the Bulletin issued by the University – respondent No.1.
10. As could be seen in the guise of reserving two seats for University of Agricultural Science, Raichur and two seats for University of Agricultural Science, Dharwad now in view of the non-availability of the students from University of Agricultural Science, Raichur under the NCC quota for having obtained NCC certificate studying in that respective University, the entire four seats are allotted to the students of University of Agricultural Science, Dharwad making the reservation to the students of University of Agricultural Science, Raichur redundant.
11. Keeping all these aspects in the mind and in the peculiar facts and circumstances of the case, this Court deems it appropriate to direct respondent No.1 - University to re-consider the request of the petitioner to allot a seat for the P.G. Course of M.Sc. (Agriculture) of Soil Science, Agricultural Chemistry under the NCC quota without disturbing the seats already allotted to the students under the NCC quota. It is made clear that the respondent No.1 – University shall take a decision in the light of the observations made hereinabove and in accordance with law in an expedite manner, in any event, not later than two weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, the writ petition stands disposed of.
In view of the disposal of the writ petition, pending application stands disposed of.
Sd/- JUDGE PMR